Barristers & Solicitors
SERAP obtains two public interest judgments against state institutions

The Socio-Economic Rights and Accountability Project (SERAP) has obtained judgments on two public interest litigations in Nigeria.

In the first judgment, the Federal High Court, Abuja ordered the Independent National Electoral Commission (INEC) to hold governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections in which voters were intimidated in most places, including Lagos.

The court ordered INEC to ensure “the appointment of an independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”

Trial judge, Obiora Egwuatu in a mandamus lawsuit marked FHC/ABJ/CS/583/2023 ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”

Justice Egwuatu ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies.”

The judge noted that being citizens, SERAP and its members have a legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.

Similarly, in the second judgment, a Federal High Court, Lagos, ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729 billion to 24.3 million poor Nigerians for six months, including the mechanisms and logistics put in place for the payments and list of beneficiaries.

The court ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.

The judgment against Umar-Farouk was delivered by Justice Deinde Isaac Dipeolu following SERAP’s Freedom of Information suit marked FHC/L/CS/853/2021.

Justice Dipeolu held: “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP.

“I, therefore, grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”

Justice Dipeolu ordered the minister to provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.

Consequently, SERAP also wrote to President Bola Tinubu through his Chief of Staff, Femi Gbajabiamila, urging him to obey the judgment.

Culled from Guardian

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